Madras High CourtCRL OP(MD)/17053/2022disposed of

Babunath v. The Deputy Superintendent Of Police

2022-09-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Babunath 2.Siva.Ka.Manivanna Sundaram ... Petitioners/Accused No.1 & 2 Vs.

1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.The State represented by The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

(Crime No.382/2022) ... Respondents 1&2/Complainants 3.Mathavan ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)) Act, Pudukkottai, to accept the surrender of the petitioners and consider their bail application and grant bail on the same date of surrender itself in connection with the case in Crime No.382 of 2022 registered on 15.09.2022 on the file of the second respondent police. For Petitioners : Mr.N.Anandakumar For Respondents 1 & 2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioners are the accused Nos.1 and 2 in Crime No. 382/2022 on the file of Gandharvakottai Police Station, Pudukkottai District, and the offences alleged against the accused are under Sections 294(b), 506(ii) of IPC r/w 3(1)(s) and 3(2)(va) of SC/ST (POA) Act, 1989.

2. The present petition filed by the petitioners is to direct the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)) Act, Pudukkottai, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant. He would submit that no bad antecedent is reported against the petitioners.

4. Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :- 2/4

1) The petitioners should appear before the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)) Act, Pudukkottai, within a period of 15 days, from the date of uploading the order copy in the website of this Court and

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15A(5) of the Act.

5. With the above observation, this Criminal Original Petition is disposed of.

29.09.2022 Index : Yes/No Internet:Yes/No dss 3/4

G.ILANGOVAN, J., dss To 1.The Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)) Act, Pudukkottai. 2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The State represented by The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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